SO....
I was driving on the 101 N passing Tampa Blvd In Tarzana and the guy in the lane to the right of me about a car length ahead, driving a Blazer, drives over something in the road that flys up, comes into my lane and hits my car.. I flaged him down and we exchanged information. His ins company Mercury says that they wont pay (so he says, the guy in the Blazer). When I called his broker to get the number to Mercury claims he was rather shoret with me. He told me to make a claim with my ins company and let them handle it, not to try and do things my self. and that it was past 5pm so it dident matter anyways. I was nice to him and just asked for the claims # and he sais. "OK, thank you. Goo BYE." and hangs up. I knoe the *** herd me too. My ins company says I can get it fixed but i have to pay my deductable. Which will be 500 or 1000 they arnt sure yet what it will be.. comp or collision.

Im just curious if i can atleast get his ins to help me with the deduc. if nothing else... OPINIONS?

Here are a couple pic. I was on my way to wash and wax my car at my cousins house for the RX8 Meet tomorrow.. ARRR.

My thinking is...


If it was in my lane and I hit it.... Then im SOL. If he wouldent have hit it it would have never hit me and i wouldent have damage on my car... RIGHT? maybe it my THICK SCULL but i dont think I should ahve to pay for what he actually caused.

Here are a fe pics i snapped tonight. Damage is to the HEALIGHT, FR quarter pannel and hood.

FYI i live in California... THANKS GUYS

 

I have never heard of someone trying to get another person insurance to pay for something like debris being kicked up. Do you chase people down if a stone cracks your window? or chips your paint? It wasn't his fault that there was **** on the road, why would he pay for your car to be fixed?

 

that sucks.I hate flying plastic

 

I think you are stuck with at least paying for the deductable. It should be covered by comprehesive. You should talk to your insurance company. I had a similiar run in with a retread. I would not blame the guy that kick it up. If it makes you feel better, call up your state DOT and raise hell at them. It is their job to clear this crap off the road. I just paid for my damage out of pocket because it was around $600.

 

your ins company should know who is liable (if you trust them). they can also handle making the claim against the other insurance company for you.

your ins company may have you pay for the deductible while you are in dispute with the other company.

 

Don't know about CA, but in FL the other driver's insurance will not cover an issue like that. Haven't you ever hit anything in the road? You don't want everybody to be able to claim that you hit something and it damaged their car. Different story if it falls from or comes off of their car. It sucks, but suck it up & just be glad that was all of the damage.

 

actually im surprised the dude actually pulled over when you flagged him down...

 

OK I under stand.......some of u guys are talking as if im a fraud. whats up with that?

 

i dont think anyone is calling you a fraud. i think what they are trying to say is that flying debris off a highway is not the "hitters" fault at causing the damage to your car.

i personally have no idea who is at fault (the hitter, local DOT, the originator of said plastic, etc).

**** happens and it always sucks to bear the brunt of some odd misfortune. sorry it happened dude.

 

Actually an argument could be made that the driver of the Blazer was negligent in not avoiding the object, and by hitting it again, made it like it came off of his car. Flame away, but if you hit something in the road, the Ins. Co. says you are negligent, so why not be able to hold the Blazer driver to the same standard.

 

That argument would quickly be fought with the argument that he couldn't safely avoid the debris. Then it's his word against yours, and you lose.

Just take it out of the budget you have for unforeseen circumstances.

 

you'll probably have to pay the deductible, i cant see their insurance company possibly paying for the repairs. it sucks that it happened. im sorry to hear. maybe you can sue the state and make them pay for it because their highway isnt clear of hazardous debris

 

I think you'll be stuck with it. That's another reason to pay a little extra on your insurance to have a lower deductible.

 

Using your logic would mean if something fell out of my truck and hit your car, you should have avoided it, and my insurance doesn't pay you jack either. I just don't buy it. Threaten a lawsuit, they'll settle.

 

If something falls out of the back of your truck and it hits somebody/somebody hits it, it is your fault because you didn't secure your load, especially if it falls out and hits somebody right away, i.e. it fell out and is still bouncing, rolling, et cetera. That would make you negligent. That doesn't make someone else responsible if they happen to hit road debris that is just lying there already. It is not their fault it is in the road, it's just there already. Sure, they should make an effort to avoid it, but that's not always possible. They just happened to have the dumb luck to be driving along and coming upon whatever it is lying in the road. They may not have been able to see it until it was too late to avoid it. It may not have possible for them to swerve to avoid it. They are not responsible for the problem that someone else created. It's just something else for the "**** happens" category.

If you really want to go after who is at fault for your "misfortunate" then what you should do is find whoever it was that lost that object to start with and then be able to prove they did it.

Otherwise pay your deductible, get it fixed, and get over it.

 

bravo bunny girl.

but dont forget the new american dream....sue someone who has more money than you.

 

There ya go!!! Take away their piece of the pie!!!

 

i was being sarcastic! lol

 

I had my 8 peppered by gravel about two weeks after i got it. Totally f'd up my paint and windshield. My insurance covered everything. They said since i did nothing to cause the damage, i was not responsible in any way and they just fixed it.

 

really...??? you dient pay a deductable? I wont be sueing any one I was just asking opinions on what you guys thought... You guys are right its not his fault.. **** happens and then you die. I think I am going to write DOT or the city.. because today at the RX8 meet i was talking to a guy and he said that he swerved to miss a big piece of plastic in the road around the same area.. See what they say about the situation...

I went to my INS. company today and they wrote up an estimate and gave me the check to fix my car. the total damage was just under 1300. minus my deductable.. the piece hit the roof too so they will fix that aswell..

 

WOW! that is a lot of damage! hope it all works out and you find a good body shop to take care of yer baby!

 

Nope. didn't have to pay a thing. and just fyi, my final bill including my car rental was something like 6k. They had to repaint the whole front of the car all the way back to the back window, replace the bumper, replace the mirrors, the headlights, the corners, the windshield and touch up the rims. I love Liberty Mutual.

 

I know.